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eBook details

• Title: Mcevoy v. Wegman
• Author : Supreme Court Of Iowa.
• Release Date : January 20, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The appellants commenced an action in the lower court, in equity, for an order finding that certain described property is not subject to the imposition of an inheritance tax by the state of Iowa, on the ground that said property was transferred by the deceased prior to his death for a valuable consideration. [216 Iowa Page 396] Lottie Sturm, according to her own testimony, was employed by the deceased, Jesse Straight, under a contract whereby she was to become the housekeeper of the said Jesse Straight, and in consideration of the performance of those duties she was to have a home for herself and daughter during the lifetime of the said Jesse Straight. She was in the continuous employ of the deceased, Jesse Straight, for twelve years, and during all of that time she worked for no one else. Her daughter, who was about 8 or 9 years of age when they came into the home, assisted in the household duties. Especially during the last years of the life of Jesse Straight, Lottie Sturm's duties were very arduous, including all the duties of a nurse. During said period of time, the record does not show that she received any consideration for said services. About two years prior to the death of Jesse Straight, he was in bad health, a part of which time he was confined in the hospital at Iowa City for treatment. It seems that at first they thought he was suffering from a tumor, but later he was advised that he had a cancer of the stomach. Shortly after returning from Iowa City, where he had been advised by medical men of his physical condition, and, to wit, on October 18, 1927, Jesse Straight called his banker, a Mr. Sassman, of Modale, Iowa, to his home near River Sioux, and at his direction had the said Sassman prepare a deed to the real estate in controversy, deeding the same to the appellant Lottie Sturm. The deed recited a consideration of one dollar and other consideration, and Jesse Straight instructed Mr. Sassman at the time he made the deed that the deed was not to be recorded or to take effect until after the death of the said Jesse Straight. It was held by the scrivener until after the death of Jesse Straight, when it was filed for record. The undisputed testimony shows that it was not to take effect until after the death of Jesse Straight. On November 19, 1927, Jesse Straight executed a will, wherein he devised to Lottie Sturm all his personal property of every nature and description. Jesse Straight died on December 4, 1927. The will was admitted to probate, and Lottie Sturm has received from the administrator the sum of $2,293.31, and there still remains in the hands of the administrator the sum of $865.42 for distribution to her upon the determination of this issue as to the payment of the inheritance tax. Later on a contest was instituted by the relatives of Jesse Straight to have set aside the deed and to prevent the probate of the will. The matter was compromised by the said Lottie Sturm's quitclaiming to said relatives part of the real estate received [216 Iowa Page 397]

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